Contributor - Accidents and Regulations

Contributor - Accidents and Regulations

Gordon Gilbert

Certain aircraft manufacturers and Part 135 on-demand charter and commuter operators will need to implement a safety management system (SMS) in the coming years, according to much-anticipated FAA&nbsp;<a href="https://www.faa.gov/newsroom/sms_final_rule.pdf">final rules</a>&nbsp;expanding FAR Part 5 requirements. Depending on the operation type, the rules require those affected to have an SMS implemented in one to three years. However, less restrictive provisions apply to single-pilot organizations.
According to the agency, the rules currently cover approximately 1,848 Part 135 operators, 694 air tour operators, and 65 Part 21 design or production certificate holders (15 of which are already implementing SMS under the FAA’s voluntary program). Additionally, there are 715 letters of authorization (LOA) for Part 91 holders approved to conduct air tours that are required to implement an SMS—362 of these LOA holders have only one aircraft.
“Requiring more aviation organizations to implement a proactive approach to managing safety will prevent accidents and save lives,” said FAA Administrator Mike Whitaker. He noted that the rules also require those who have an SMS to share hazard information with other aviation organizations “so they can work collaboratively to identify and address potential safety issues.”
U.S. airlines have been required since 2018 to have an SMS to help identify, monitor, and address potential operational hazards before they become serious problems. The expansion of SMS to other operators and aircraft manufacturers is intended to address a 2020 congressional mandate and recommendations from the NTSB and two Aviation Rulemaking Committees (ARCs). Additionally, the rules more closely align the U.S. with ICAO Annex 19 “Safety Management.”
“While the FAA’s new rule appears appropriate in broad brushstrokes, the key going forward will be for the agency and industry to work in collaboration to ensure that rule’s real-world implementation is smooth, scalable, and squarely focused on measures that demonstrably enhance safety,” said NBAA president and CEO Ed Bolen. “We look forward to working with the agency as a partner on this shared goal.”
“As the NATA regulatory team combs through the 160-page rule, it appears the FAA has thoughtfully considered industry input in their drafting,” National Air Transportation Association v-p of regulatory affairs Alan Stephens told AIN. “In particular, we appreciate the extended timeline provided for industry to come into compliance and the accommodations for single-pilot operators. NATA will provide more information as we complete our analysis.”
More than 200 individuals and organizations submitted comments to the proposed rules published on Jan. 11, 2023. The new requirements include some of the changes suggested by those comments, notably extending the originally proposed compliance deadlines so that current Part 135, LOA, and Part 21 operators have up to three years to implement an SMS. The FAA is providing additional guidance in <a href="https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_120-92B.pdf">Advisory Circular AC 120-92</a> to help these single-pilot organizations navigate the exceptions.
To emphasize the scalability of SMS to the new types of aviation organizations covered under the proposed rule, the NPRM for this rule included examples of how small aviation organizations, such as a single-pilot operator, could scale implementation of their SMS requirements to the size and complexity of their organization. For example, confidential hazard reporting is not required for certain single-pilot organizations.

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FAA Issues SMS Rules for Part 135 Operators

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